M204wiki:Terms of use

From m204wiki
Jump to: navigation, search

M204wiki provides users with online access to Model 204 product documentation and a procedure to collaboratively contribute and edit product documentation content. m204wiki is owned and operated by Rocket Software, Inc. and its affiliates ("Rocket" or "we"). These Terms of Use ("Agreement") between you and Rocket set forth the terms on which we make m204wiki available to you, "You" meaning any person or entity who uses m204wiki and/or posts User Content to m204wiki. By using m204wiki and/or posting User Content you agree to be bound by the terms and conditions of this Agreement.

Proprietary materials and ownership

m204wiki is the property of Rocket. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in m204wiki ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the "Rocket Property") is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.

The marks Rocket and the Rocket Software logos are registered trademarks of Rocket Software, Inc. Other products and service names might be registered or unregistered trademarks of Rocket, and they may not be used in connection with any service or products other than those provided by Rocket, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Rocket. m204wiki may also feature the trademarks, service marks, and logos of Rocket or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on m204wiki, will inure solely to the benefit of their respective owners.

License to use m204wiki

Rocket authorizes you to access, view and use m204wiki to further your understanding of Rocket products. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Rocket Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Rocket Property, or any portion of the Rocket Property, is strictly prohibited without the prior written permission of Rocket, unless this Agreement otherwise expressly allows you to do so.

You warrant and agree that your use of m204wiki will be consistent with this Agreement and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to m204wiki, the Rocket Property or your use of them, and in using m204wiki you will not engage in any conduct that restricts or inhibits any other person from using or enjoying m204wiki.

User Content

In connection with using m204wiki, you may be authorized to upload, post, or submit to m204wiki screenshots, text, graphics, and other materials and information (collectively, "User Content") pertinent to the purpose of m204wiki. The User Content remains your property, and Rocket does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree to all of these:

  1. You are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, your User Content may be associated with your username and so will be attributable to you, third parties will gain access to your User Content through m204wiki, and Rocket shall in no event be liable to you for any use or misuse of your User Content by any third party;
  2. You grant Rocket a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of m204wiki, promotion of Rocket products and services, and any other purposes reasonably related to using m204wiki and participation in promotions and advertising of Rocket and its partners.
  3. All users of m204wiki have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use.

Restrictions

You agree to not use m204wiki to do any of the following:

  1. Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. Harm minors in any way;
  6. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Interfere with or disrupt M204wiki or servers or networks connected to M204wiki, or disobey any requirements, procedures, policies or regulations of networks connected to m204wiki;
  8. Intentionally or unintentionally violate any applicable local, state, national or international law;
  9. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
  10. Collect or store personal data about other users.

You acknowledge that Rocket may or may not pre-screen User Content, but that Rocket shall have the right (but not the obligation) in its sole discretion for any reason to pre-screen, refuse, delete, or move any User Content that is available via m204wiki. Without limiting the foregoing, Rocket shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Limitation of content accuracy

Insofar as m204wiki is a collaborative environment for documentation of Rocket products that contains edits and contributions of content by users of m204wiki other than Rocket, Rocket does not guarantee the accuracy, integrity or quality of m204wiki Content. Under no circumstances will Rocket be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via m204wiki.

Indemnity

You agree to indemnify and hold Rocket, and its officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, action, suit, proceeding, liability, losses, damages, costs and expenses, including reasonable attorneys' fees, arising out of User Content you submit, post, transmit or make available through m204wiki, your use of m204wiki, your connection to m204wiki, your violation of this Agreement, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF m204wiki IS AT YOUR SOLE RISK. m204wiki IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ROCKET MAKES NO WARRANTY THAT (i) m204wiki WILL MEET YOUR REQUIREMENTS, (ii) m204wiki WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF m204wiki WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH m204wiki WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF m204wiki IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKET OR THROUGH OR FROM m204wiki SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ROCKET AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCKET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE m204wiki; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM m204wiki; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON m204wiki; OR (v) ANY OTHER MATTER RELATING TO m204wiki.

Digital Millennium Copyright Act

Rocket complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. '512, as amended). If you have any complaints or objections to material posted on m204wiki you may contact our Designated Agent at the following address:

James Lapierre Rocket Software, Inc. 77 Fourth Avenue, Suite 100 Waltham, MA 02451 Telephone: 781 684 2267 Email: JLapierre@rocketsoftware.com

DMCA Takedown notice

Any notice alleging that materials hosted by or distributed through m204wiki infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on m204wiki;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the materials on m204wiki of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DMCA Counter-notice

If material that you have posted to m204wiki has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. '512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Rocket may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. '512 (c)(1)(C) or an agent of such person.

Modification and termination

Rocket reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, m204wiki (or any part thereof) with or without notice. You agree that Rocket shall not be liable to you or to any third party for any modification, suspension or discontinuance of m204wiki.

Rocket may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Use page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use m204wiki after the notice is posted, you are indicating your acceptance of those changes.

Rocket reserves the right to refuse or discontinue access to m204wiki by any user for non-compliance with this Agreement.

General

Except as otherwise expressly provided herein, this Agreement, including the Privacy policy and all other operating rules, policies and procedures that may be published on m204wiki from time to time, sets forth the entire agreement between you and Rocket regarding the use of m204wiki, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement will be governed by and construed and enforced in accordance with the substantive law of the Commonwealth of Massachusetts, USA, without regard to its principles of conflicts of law.

No delay or omission by Rocket in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Rocket of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. Any waiver of any right of Rocket under this Agreement must be given in writing and signed on behalf of Rocket to be enforceable. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Rocket. We may assign this Agreement to any purchaser of the Rocket business. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. Email to your registered email address shall constitute effective notice by Rocket to you for all purposes under or in connection with this Agreement.